1.
Lawyer
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A lawyer is a person who practices law, as an advocate, barrister, attorney, counselor or solicitor or chartered legal executive. The role of the lawyer varies greatly across legal jurisdictions, in practice, legal jurisdictions exercise their right to determine who is recognized as being a lawyer. As a result, the meaning of the lawyer may vary from place to place. In Australia, the lawyer is used to refer to both barristers and solicitors. In Canada, the word lawyer refers to individuals who have been called to the bar or. Common law lawyers in Canada are formally and properly called barristers and solicitors, however, in Quebec, civil law advocates often call themselves attorney and sometimes barrister and solicitor in English. The Legal Services Act 2007 defines the activities that may only be performed by a person who is entitled to do so pursuant to the Act. Lawyer is not a protected title, in India, the term lawyer is often colloquially used, but the official term is advocate as prescribed under the Advocates Act,1961. In Scotland, the word refers to a more specific group of legally trained people. It specifically includes advocates and solicitors, in a generic sense, it may also include judges and law-trained support staff. In the United States, the term refers to attorneys who may practice law. It is never used to refer to patent agents or paralegals, in fact, there are regulatory restrictions on non-lawyers like paralegals practicing law. Other nations tend to have terms for the analogous concept. In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners. Several countries that originally had two or more legal professions have since fused or united their professions into a type of lawyer. Most countries in this category are common law countries, though France, in countries with fused professions, a lawyer is usually permitted to carry out all or nearly all the responsibilities listed below. Arguing a clients case before a judge or jury in a court of law is the province of the barrister in England. However, the boundary between barristers and solicitors has evolved, in England today, the barrister monopoly covers only appellate courts, and barristers must compete directly with solicitors in many trial courts
2.
Bar association
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A bar association is a professional body of lawyers. In many Commonwealth jurisdictions, the bar association comprises lawyers who are qualified as barristers or advocates in particular, membership in bar associations may be mandatory or optional for practicing attorneys, depending on jurisdiction. The use of the bar to mean the whole body of lawyers. In the early 16th century, a railing divided the hall in the Inns of Court, with students occupying the body of the hall, students who officially became lawyers crossed the symbolic physical barrier and were admitted to the bar. Later, this was assumed to mean the wooden railing marking off the area around the judges seat in a courtroom, where prisoners stood for arraignment. In many Commonwealth jurisdictions, including in England and Wales, the bar association comprises lawyers who are qualified as barristers or advocates, while the law society comprises solicitors. These bodies are sometimes mutually exclusive, while in other jurisdictions, in Canada, one is called to the bar after undertaking a post-law-school training in a provincial law society program, and undergoing an apprenticeship or taking articles. Legal communities are called provincial law societies, except for Nova Scotia, where it is called the Nova Scotia Barristers Society, and Quebec and it does not play a part in the regulation of the profession, however. In India under the framework set established under the Advocates Act,1961. The process of enrollment is delegated by the Bar Council of India to the state Bar Councils wherein almost each state has a Bar Council of its own. Once enrolled with a State Bar Council, the law graduate is recognized as an Advocate, once advocate clears the test, then they are entitled to appear and practice before any court within that Bar councils area. There is no requirement for further membership of any Bar Association. However Advocates do become members of local or national bar associations for reasons of recognition. Besides the Bar Council of India, other known Bar Associations in India are National Bar Association of India, All India Bar Association and Supreme Court Bar Association. Each State and local court generally also has a Bar Association of its own, in Pakistan, a person becomes a licensee of a Provincial Bar Council after fulfilling certain requirements. They must have a law degree LL. B from a recognized university, must offer certain undertakings. Further he may join any bar association as member, Bar associations work under Provincial Bar councils, such as khyber pakhtunkhwa Bar Council, Punjab Bar Council, Sindh Bar Council etc. To become an advocate, one must first complete six months pupillage with an advocate of High Court
3.
Worcester, Massachusetts
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Worcester /ˈwʊstər/ WUUSS-tər local pronunciation /ˈwᵻstə/ is a city and the county seat of Worcester County, Massachusetts, United States. Named after Worcester, England, as of the 2010 Census the citys population was 181,045, Worcester is located approximately 40 miles west of Boston,50 miles east of Springfield and 40 miles north of Providence. Due to its location in Central Massachusetts, Worcester is known as the Heart of the Commonwealth, thus, however, the heart symbol may also have its provenance in lore that the mass-produced Valentines Day card was invented in the city. S. Census Combined Statistical Area, or Greater Boston, the city features many examples of Victorian-era mill architecture. The area was first inhabited by members of the Nipmuc tribe, the native people called the region Quinsigamond and built a settlement on Pakachoag Hill in Auburn. In 1673 English settlers John Eliot and Daniel Gookin led an expedition to Quinsigamond to establish a new Christian Indian praying town and identify a new location for an English settlement. On July 13,1674, Gookin obtained a deed to eight miles of land in Quinsigamond from the Nipmuc people. In 1675, King Philips War broke out throughout New England with the Nipmuc Indians coming to the aid of Indian leader King Philip, the English settlers completely abandoned the Quinsigamond area and the empty buildings were burned by the Indian forces. The town was abandoned during Queen Annes War in 1702. Finally in 1713, Worcester was permanently resettled for a time by Jonas Rice. Named after the city of Worcester, England, the town was incorporated on June 14,1722, on April 2,1731, Worcester was chosen as the county seat of the newly founded Worcester County government. Between 1755 and 1758, future U. S. president John Adams worked as a schoolteacher, in the 1770s, Worcester became a center of American revolutionary activity. British General Thomas Gage was given information of patriot ammunition stockpiled in Worcester in 1775, also in 1775, Massachusetts Spy publisher Isaiah Thomas moved his radical newspaper out of British occupied Boston to Worcester. Thomas would continuously publish his paper throughout the American Revolutionary War, on July 14,1776, Thomas performed the first public reading in Massachusetts of the Declaration of Independence in front of the Worcester town hall. He would later go on to form the American Antiquarian Society in Worcester in 1812, during the turn of the 19th century Worcesters economy moved into manufacturing. Factories producing textiles, shoes and clothing opened along the nearby Blackstone River, however, the manufacturing industry in Worcester would not begin to thrive until the opening of the Blackstone Canal in 1828 and the opening of the Worcester and Boston Railroad in 1835. The city transformed into a hub and the manufacturing industry flourished. Worcester was officially chartered as a city on February 29,1848, immigrants moved into new triple-decker houses which lined hundreds of Worcesters expanding streets and neighborhoods
4.
Judge
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A judge presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, the judge is supposed to conduct the trial impartially and, typically, in an open court. In some jurisdictions, the judges powers may be shared with a jury, in inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. A variety of traditions have become associated with the rank or occupation, in many parts of the world, judges wear long robes and sit on an elevated platform during trials. In some countries, especially in the Commonwealth of Nations, judges wear wigs, the long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to a wig would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts, American judges frequently wear black robes. American judges have ceremonial gavels, although American judges have court deputies or bailiffs, however, in some of the Western United States, like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state courts, such as the Maryland Court of Appeals wear distinct dress. In Italy and Portugal both judges and lawyers wear black robes. In Oman, the judge wears a stripe, while the attorneys wear the black gown. In Hong Kong, court proceedings are conducted in either English or Cantonese Chinese, Judges of Hong Kong retain many of the English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship, in writing, the post-nominal letters PJ is used to refer to a permanent judge of the Court of Final Appeal and NPJ to a non-permanent judge. In the High Court, the abbreviation JA is used to denote a justice of appeal, Masters of the High Court are addressed as Master. When trials are conducted in Chinese, judges were addressed, in Cantonese, as Fat Goon Dai Yan before the transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha since 1997. In India, judges of the Supreme Court and the High Courts were addressed as Your Lordship or My Lord and Your Ladyship or My Lady, the Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49 in the Advocates Act. As per the rule, lawyers can address the court as Your Honour, if it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in the regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the such as My Lord
5.
Bench (law)
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Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that come from judges formerly having sat on long seats or benches when presiding over a court. In modern courtrooms, the bench is usually an elevated area that allows a judge to view the entire courtroom. The term is used when all the judges of a certain court sit together to decide a case. Additionally, the term is used to differentiate judges from attorneys or barristers, the phrase bench and bar denotes all judges and lawyers collectively. Bank Bar Bench Bench trial Bencher Court Courtroom En banc
6.
Law
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Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law as a system helps regulate and ensure that a community show respect, private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, the law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Islamic Sharia law is the worlds most widely used religious law, the adjudication of the law is generally divided into two main areas referred to as Criminal law and Civil law. Criminal law deals with conduct that is considered harmful to social order, Civil law deals with the resolution of lawsuits between individuals or organizations. Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis. Law also raises important and complex issues concerning equality, fairness, there is an old saying that all are equal before the law, although Jonathan Swift argued that Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through. In 1894, the author Anatole France said sarcastically, In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread. Writing in 350 BC, the Greek philosopher Aristotle declared, The rule of law is better than the rule of any individual, mikhail Bakunin said, All law has for its object to confirm and exalt into a system the exploitation of the workers by a ruling class. Cicero said more law, less justice, marxist doctrine asserts that law will not be required once the state has withered away. Regardless of ones view of the law, it today a completely central institution. Numerous definitions of law have been put forward over the centuries, at the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are also of great importance. There have been attempts to produce a universally acceptable definition of law. In 1972, one indicated that no such definition could be produced. McCoubrey and White said that the question what is law, glanville Williams said that the meaning of the word law depends on the context in which that word is used. He said that, for example, early customary law and municipal law were contexts where the law had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word law and it is possible to take the view that there is no need to define the word law. The history of law links closely to the development of civilization, Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was probably broken into twelve books
7.
Courtroom
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A courtroom is the enclosed space in which courts of law are held in front of a judge. A number of courtrooms, which may also be known as courts, the judge generally sits behind a raised desk, known as the bench. Benches in U. S. federal courtrooms and some state courtrooms are usually bullet-resistant to protect judges from courtroom shootouts, behind the judge are the great seal of the jurisdiction and the flags of the appropriate federal and state governments. Judges usually wear a black robe. An exception was the late U. S. Supreme Court Chief Justice William Rehnquist, adjacent to the bench are the witness stand and the desks where the court clerk and the court reporter sit. The courtroom is divided into two parts by a known as the bar. The bar may be an actual railing, or an imaginary barrier, the bailiff stands against one wall and keeps order in the courtroom. On one side is the bench, the tables for the plaintiff, the defendant, and their respective counsel. Apart from the parties to the case and any witnesses, only the lawyers can literally pass the bar, there is usually a podium or lectern between the two tables where the lawyers may stand when they argue their case before the judge. There is usually a space between the bench and the counsel tables, because of the court clerk and court reporters tables in front of the bench. This space is called the well, instead, if documents need to be given to or taken from the judge, attorneys are normally expected to approach the court clerk or bailiff, who acts as an intermediary. During trials, attorneys will ask the permission to traverse the well or approach the bench for sidebar conferences with the judge. The other side of the bar is open to the general public, seating for the gallery can either be pew style benches or theater seats. The theater seats are directly above the gallery, giving sight over the entire courtroom, all of the above applies only to trial courts. Appellate courts in the United States are not finders of fact, so they do not use juries or receive evidence into the record, that is the trial courts job. Therefore, in a court, there is neither a witness stand nor a jury box. The walls are partially or completely wood-paneled. This is a matter of style and tradition, but some jurisdictions have elected to construct courtrooms with a modern appearance
8.
Trial
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In law, a trial is a coming together of parties to a dispute, to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court, the tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Where the trial is held before a group of members of the community, where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, trials can also be divided by the type of dispute at issue. A criminal trial is designed to resolve accusations brought against an accused of a crime. In common law systems, most criminal defendants are entitled to a trial held before a jury, because the state is attempting to use its power to deprive the accused of life, liberty, or property, the rights of the accused afforded to criminal defendants are typically broad. The rules of criminal procedure provide rules for criminal trials, a civil trial is generally held to settle lawsuits or civil claims—non-criminal disputes. In some countries, the government can both sue and be sued in a civil capacity, the rules of civil procedure provide rules for civil trials. Although administrative hearings are not ordinarily considered trials, they retain many elements found in more formal trial settings, when the dispute goes to judicial setting, it is called an administrative trial, to revise the administrative hearing, depending on the jurisdiction. The types of disputes handled in these hearings is governed by administrative law, labor law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees, in Canada, employment laws related to unionized workplaces are differentiated from those relating to particular individuals. In most countries however, no distinction is made. However, there are two categories of labour law. First, collective labour law relates to the relationship between employee, employer and union. Second, individual labour law concerns employees rights at work and through the contract for work, the labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the industrial revolution, there are two primary systems for conducting a trial, Adversarial, In common law systems, an adversarial or accusatory approach is used to adjudicate guilt or innocence. In several jurisdictions in more cases, there is a jury to determine the facts. This polarizes the issues, with each competitor acting in its own self-interest, to maintain fairness, there is a presumption of innocence, and the burden of proof lies on the prosecution
9.
Belgium
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Belgium, officially the Kingdom of Belgium, is a sovereign state in Western Europe bordered by France, the Netherlands, Germany, Luxembourg, and the North Sea. It is a small, densely populated country which covers an area of 30,528 square kilometres and has a population of about 11 million people. Additionally, there is a group of German-speakers who live in the East Cantons located around the High Fens area. Historically, Belgium, the Netherlands and Luxembourg were known as the Low Countries, the region was called Belgica in Latin, after the Roman province of Gallia Belgica. From the end of the Middle Ages until the 17th century, today, Belgium is a federal constitutional monarchy with a parliamentary system of governance. It is divided into three regions and three communities, that exist next to each other and its two largest regions are the Dutch-speaking region of Flanders in the north and the French-speaking southern region of Wallonia. The Brussels-Capital Region is a bilingual enclave within the Flemish Region. A German-speaking Community exists in eastern Wallonia, Belgiums linguistic diversity and related political conflicts are reflected in its political history and complex system of governance, made up of six different governments. Upon its independence, declared in 1830, Belgium participated in the Industrial Revolution and, during the course of the 20th century, possessed a number of colonies in Africa. This continuing antagonism has led to several far-reaching reforms, resulting in a transition from a unitary to a federal arrangement during the period from 1970 to 1993. Belgium is also a member of the Eurozone, NATO, OECD and WTO. Its capital, Brussels, hosts several of the EUs official seats as well as the headquarters of major international organizations such as NATO. Belgium is also a part of the Schengen Area, Belgium is a developed country, with an advanced high-income economy and is categorized as very high in the Human Development Index. A gradual immigration by Germanic Frankish tribes during the 5th century brought the area under the rule of the Merovingian kings, a gradual shift of power during the 8th century led the kingdom of the Franks to evolve into the Carolingian Empire. Many of these fiefdoms were united in the Burgundian Netherlands of the 14th and 15th centuries, the Eighty Years War divided the Low Countries into the northern United Provinces and the Southern Netherlands. The latter were ruled successively by the Spanish and the Austrian Habsburgs and this was the theatre of most Franco-Spanish and Franco-Austrian wars during the 17th and 18th centuries. The reunification of the Low Countries as the United Kingdom of the Netherlands occurred at the dissolution of the First French Empire in 1815, although the franchise was initially restricted, universal suffrage for men was introduced after the general strike of 1893 and for women in 1949. The main political parties of the 19th century were the Catholic Party, French was originally the single official language adopted by the nobility and the bourgeoisie
10.
Admission to the bar in the United States
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Admission to the bar in the United States is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U. S. state and similar jurisdiction has its own system and sets its own rules for bar admission. In most cases, a person who is admitted to the bar is thereby a member of the particular bar. In the canonical case, lawyers seeking admission must earn a Juris Doctor degree from a law approved by the jurisdiction. Typically, there is also a character and fitness evaluation, which includes a background check, however, there are exceptions to each of these requirements. A lawyer who is admitted in one state is not automatically allowed to practice in any other, some states have reciprocal agreements that allow attorneys from other states to practice without sitting for another full bar exam, such agreements differ significantly among the states. The use of the bar to mean the whole body of lawyers. In the early 16th century, a railing divided the hall in the Inns of Court, with students occupying the body of the hall, Students who officially became lawyers were called to the bar, crossing the symbolic physical barrier and thus admitted to the bar. Later, this was assumed to mean the wooden railing marking off the area around the judges seat in a courtroom, where prisoners stood for arraignment. The first bar exam in what is now the United States was instituted by Delaware Colony in 1763, the other American colonies soon followed suit. By the late 19th century, the examinations were administered by committees of attorneys, today, each state has its own rules which are the ultimate authority concerning admission to its bar. This test is not administered at the time as any U. S. bar exam. Most candidates usually sit for the MPRE while still in law school, right after studying professional responsibility, some states require that a candidate pass the MPRE before being allowed to sit for the bar exam. Connecticut and New Jersey waive the MPRE for candidates who have received a grade of C or better in a law school professional ethics class, pass a bar examination, usually administered by the state bar association or under the authority of the supreme court of the particular state. As of June 2015,16 jurisdictions have adopted the Uniform Bar Examination, missouri and North Dakota were the first two states to administer the UBE, doing so in February 2011. Since then, Alabama, Alaska, Arizona, Colorado, Idaho, Kansas, Minnesota, Montana, Nebraska, New Hampshire, New York, Utah, Washington, UBE jurisdictions are allowed to additionally test candidates knowledge of state-specific law, through either a test or course. Examinees have three hours to answer 100 questions in a session and the same for an afternoon session. The MBE is administered on the last Wednesday in February and July, the Multistate Essay Examination, a uniform though not standardized test that examines a candidates ability to analyze legal issues and communicate them effectively in writing
11.
U.S. state
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A U. S. state is a constituent political entity of the United States of America. There are 50 states, which are together in a union with each other. Each state holds administrative jurisdiction over a geographic territory. Due to the shared sovereignty between each state and the government, Americans are citizens of both the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons covered by certain types of court orders. States range in population from just under 600,000 to over 39 million, four states use the term commonwealth rather than state in their full official names. States are divided into counties or county-equivalents, which may be assigned some local authority but are not sovereign. County or county-equivalent structure varies widely by state, State governments are allocated power by the people through their individual constitutions. All are grounded in principles, and each provides for a government. States possess a number of powers and rights under the United States Constitution, Constitution has been amended, and the interpretation and application of its provisions have changed. The general tendency has been toward centralization and incorporation, with the government playing a much larger role than it once did. There is a debate over states rights, which concerns the extent and nature of the states powers and sovereignty in relation to the federal government. States and their residents are represented in the federal Congress, a legislature consisting of the Senate. Each state is represented in the Senate by two senators, and is guaranteed at least one Representative in the House, members of the House are elected from single-member districts. Representatives are distributed among the states in proportion to the most recent constitutionally mandated decennial census, the Constitution grants to Congress the authority to admit new states into the Union. Since the establishment of the United States in 1776, the number of states has expanded from the original 13 to 50, alaska and Hawaii are the most recent states admitted, both in 1959. The Constitution is silent on the question of states have the power to secede from the Union. Shortly after the Civil War, the U. S. Supreme Court, in Texas v. White, as a result, while the governments of the various states share many similar features, they often vary greatly with regard to form and substance
12.
Law school
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A law school is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Nowadays the legal education consists in a 5-year-long course in which, afterwards, the practice of law is conditioned upon admission to the bar of a particular state or other territorial jurisdiction. Public attorneys, public prossecutors and magistrates admission is made, mainly, through an entrance examination and a constitutional mandatory three years of legal experience. The postgraduation, stricto sensu, consists in a, a) master´s degree, which is usually a two-year degree, and a b) doctorate´s degree, which can take up another four years. The typical law degree required to practice law in Canada is now the Juris Doctor, there is some scholarly content in the coursework. The programs consist of three years, and have content in their mandatory first year courses. Some schools, however, have not switched from LL. B. to the J. D. – one notable university that still awards the LL. B is McGill University. Given that the Canadian legal system includes both the French civil law and the Anglo-American common law, some law schools offer both an LL. B. or J. D. and a B. C. L. LL. L. or LL. B. degree, such as McGill University, University of Ottawa, in particular, McGill University Faculty of Law offers a combined civil law and common law program, which has been called transsystemic. At other faculties, if a person completes a common law degree and this is also true for civil law graduates who wish to complete a common law degree. Despite changes in designation, schools opting for the J. D. have not altered their curricula, neither the J. D. or LL. B. and the École du Barreau du Québec. In France, the education is a three tier system. The student may study for a LLB, then a LLM and, for those interested in Law theory, many French universities offers Law courses in department labelled as Research and Education Units and/or Faculties of Law or Law Schools. Law Degree in Indonesia consists of three tier systems, the first tier is the Degree of which carries the title of Sarjana Hukum/S. H. This can be obtained in 4–7 years after they enter Law School straight from Senior High School, the second tier varies depending on the legal specialties taken after the first tier. The general title for this tier is Magister Hukum / M. H, although it is also common to see other title for secondary tier such as Magister Kenotariatan / M. Kn. for Notarial professionals line of work. The second tier can be obtained normally in 1-2 year, the third tier in Indonesian Law Degree is Doctor / DR. To work in legal professions of choice in Indonesia, a Bachelor Law Degree is obligatory, graduates can pursue their career as Legal in-house counsel, Judge profession, Public Prosecutor, other legal-related work and Advocate
13.
United Kingdom
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The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom or Britain, is a sovereign country in western Europe. Lying off the north-western coast of the European mainland, the United Kingdom includes the island of Great Britain, Northern Ireland is the only part of the United Kingdom that shares a land border with another sovereign state—the Republic of Ireland. The Irish Sea lies between Great Britain and Ireland, with an area of 242,500 square kilometres, the United Kingdom is the 78th-largest sovereign state in the world and the 11th-largest in Europe. It is also the 21st-most populous country, with an estimated 65.1 million inhabitants, together, this makes it the fourth-most densely populated country in the European Union. The United Kingdom is a monarchy with a parliamentary system of governance. The monarch is Queen Elizabeth II, who has reigned since 6 February 1952, other major urban areas in the United Kingdom include the regions of Birmingham, Leeds, Glasgow, Liverpool and Manchester. The United Kingdom consists of four countries—England, Scotland, Wales, the last three have devolved administrations, each with varying powers, based in their capitals, Edinburgh, Cardiff and Belfast, respectively. The relationships among the countries of the UK have changed over time, Wales was annexed by the Kingdom of England under the Laws in Wales Acts 1535 and 1542. A treaty between England and Scotland resulted in 1707 in a unified Kingdom of Great Britain, which merged in 1801 with the Kingdom of Ireland to form the United Kingdom of Great Britain and Ireland. Five-sixths of Ireland seceded from the UK in 1922, leaving the present formulation of the United Kingdom of Great Britain, there are fourteen British Overseas Territories. These are the remnants of the British Empire which, at its height in the 1920s, British influence can be observed in the language, culture and legal systems of many of its former colonies. The United Kingdom is a country and has the worlds fifth-largest economy by nominal GDP. The UK is considered to have an economy and is categorised as very high in the Human Development Index. It was the worlds first industrialised country and the worlds foremost power during the 19th, the UK remains a great power with considerable economic, cultural, military, scientific and political influence internationally. It is a nuclear weapons state and its military expenditure ranks fourth or fifth in the world. The UK has been a permanent member of the United Nations Security Council since its first session in 1946 and it has been a leading member state of the EU and its predecessor, the European Economic Community, since 1973. However, on 23 June 2016, a referendum on the UKs membership of the EU resulted in a decision to leave. The Acts of Union 1800 united the Kingdom of Great Britain, Scotland, Wales and Northern Ireland have devolved self-government
14.
Barristers
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A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation and their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. Often, barristers are also recognised as legal scholars, Barristers are distinguished from solicitors, who have more direct access to clients, and may do transactional-type legal work. It is mainly barristers who are appointed as judges, and they are hired by clients directly. In England and Wales, barristers may seek authorisation from the Bar Standards Board to conduct litigation and this allows a barrister to practise in a dual capacity, fulfilling the role of both barrister and solicitor. A barrister, who can be considered as a jurist, is a lawyer who represents a litigant as advocate before a court of appropriate jurisdiction, a barrister speaks in court and presents the case before a judge or jury. In some jurisdictions, a barrister receives additional training in law, ethics. In contrast, a solicitor generally meets with clients, does preparatory and administrative work, in this role, he or she may draft and review legal documents, interact with the client as necessary, prepare evidence, and generally manage the day-to-day administration of a lawsuit. Barristers usually have particular knowledge of law, precedent. When a solicitor in general practice is confronted with a point of law. In most countries, barristers operate as sole practitioners, and are prohibited from forming partnerships or from working as a barrister as part of a corporation, however, barristers normally band together into chambers to share clerks and operating expenses. Some chambers grow to be large and sophisticated, and have a corporate feel. In some jurisdictions, they may be employed by firms of solicitors, banks, in contrast, solicitors and attorneys work directly with the clients and are responsible for engaging a barrister with the appropriate expertise for the case. Barristers generally have little or no contact with their lay clients. All correspondence, inquiries, invoices, and so on, will be addressed to the solicitor, in court, barristers are often visibly distinguished from solicitors by their apparel. For example, in Ireland, England, and Wales, a barrister usually wears a wig, stiff collar, bands. Since January 2008, solicitor advocates have also been entitled to wear wigs, in many countries the traditional divisions between barristers and solicitors are breaking down. Barristers once enjoyed a monopoly on appearances before the courts, but in Great Britain this has now been abolished
15.
Advocate
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An advocate is a type of professional person in several different legal systems and it is also a commonly used honorific for remarkable lawyers, such as in Adv. The broad equivalent in many English law-based jurisdictions can be a barrister, Advocates, who formed the senior branch of the legal profession in their field, were Doctors of Law of the Oxford, Cambridge, or Dublin and Fellows of the Society of Doctors Commons. Advocates lost their rights of audience in probate and divorce cases when the Crown took these matters over from the church in 1857. The Society of Advocates was never formally wound up, but its building was sold off in 1865, barristers were admitted to the Court of Arches of the Church of England in 1867. More recently, Solicitor Advocates have also allowed to play this role. Advocates are the only lawyers with rights of audience in the courts of the Isle of Man, in court, advocates wear a horsehair wig, stiff collar, bands and a gown in the same way as barristers do elsewhere. It is then necessary to obtain a professional qualification such as the Bar Professional Training Course or the Legal Practice Course. It is not, however, necessary actually to be admitted as an English barrister or solicitor to train as an advocate. Foreign lawyers who have registered as legal practitioners in the Isle of Man for a certain period of time may also undertake a shorter period of training. The examinations are rigorous and candidates are limited to three attempts to pass each paper, the professional conduct of advocates is regulated by the Isle of Man Law Society, which also maintains a library for its members in Douglas. While advocates in the Isle of Man have not traditionally prefixed their names with Advocate in the Channel Islands manner, Advocates are regulated by the Faculty of Advocates in Edinburgh. The Faculty of Advocates has about 750 members, of whom about 460 are in private practice, the Faculty is headed by the Dean of the Faculty who, along with the Vice-Dean, Treasurer, Clerk are elected annually by secret ballot. The Faculty has a company, Faculty Services Ltd, to which almost all advocates belong. This gives a guarantee to all newly called advocates of a place and it remains the case that advocates are not permitted to sue for their fees, as they have no contractual relationship with their instructing solicitor or with the client. Advocates wear wigs, white bow-ties, straps and gowns as dress in court, the process of becoming an advocate is referred to as devilling. All Intrants will be Scottish solicitors, i. e, a devils competence in a number of aspects of written and oral advocacy is assessed during devilling, and if a devil is assessed as not competent, he or she will not be admitted to the Faculty. Further details of this process can be found in the assessment section, there are exceptions for lawyers who are qualified in other European jurisdictions, but all must take the training course as devils. Until 2007, a number of young European lawyers were given a placement with advocates under the European Young Lawyers Scheme organised by the British Council and they are known as Eurodevils, in distinction to the Scottish devils
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Scotland
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Scotland is a country that is part of the United Kingdom and covers the northern third of the island of Great Britain. It shares a border with England to the south, and is surrounded by the Atlantic Ocean, with the North Sea to the east. In addition to the mainland, the country is made up of more than 790 islands, including the Northern Isles, the Kingdom of Scotland emerged as an independent sovereign state in the Early Middle Ages and continued to exist until 1707. By inheritance in 1603, James VI, King of Scots, became King of England and King of Ireland, Scotland subsequently entered into a political union with the Kingdom of England on 1 May 1707 to create the new Kingdom of Great Britain. The union also created a new Parliament of Great Britain, which succeeded both the Parliament of Scotland and the Parliament of England. Within Scotland, the monarchy of the United Kingdom has continued to use a variety of styles, titles, the legal system within Scotland has also remained separate from those of England and Wales and Northern Ireland, Scotland constitutes a distinct jurisdiction in both public and private law. Glasgow, Scotlands largest city, was one of the worlds leading industrial cities. Other major urban areas are Aberdeen and Dundee, Scottish waters consist of a large sector of the North Atlantic and the North Sea, containing the largest oil reserves in the European Union. This has given Aberdeen, the third-largest city in Scotland, the title of Europes oil capital, following a referendum in 1997, a Scottish Parliament was re-established, in the form of a devolved unicameral legislature comprising 129 members, having authority over many areas of domestic policy. Scotland is represented in the UK Parliament by 59 MPs and in the European Parliament by 6 MEPs, Scotland is also a member nation of the British–Irish Council, and the British–Irish Parliamentary Assembly. Scotland comes from Scoti, the Latin name for the Gaels, the Late Latin word Scotia was initially used to refer to Ireland. By the 11th century at the latest, Scotia was being used to refer to Scotland north of the River Forth, alongside Albania or Albany, the use of the words Scots and Scotland to encompass all of what is now Scotland became common in the Late Middle Ages. Repeated glaciations, which covered the land mass of modern Scotland. It is believed the first post-glacial groups of hunter-gatherers arrived in Scotland around 12,800 years ago, the groups of settlers began building the first known permanent houses on Scottish soil around 9,500 years ago, and the first villages around 6,000 years ago. The well-preserved village of Skara Brae on the mainland of Orkney dates from this period and it contains the remains of an early Bronze Age ruler laid out on white quartz pebbles and birch bark. It was also discovered for the first time that early Bronze Age people placed flowers in their graves, in the winter of 1850, a severe storm hit Scotland, causing widespread damage and over 200 deaths. In the Bay of Skaill, the storm stripped the earth from a large irregular knoll, when the storm cleared, local villagers found the outline of a village, consisting of a number of small houses without roofs. William Watt of Skaill, the laird, began an amateur excavation of the site, but after uncovering four houses
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Queen's Counsel
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A Queens Counsel, or Kings Counsel during the reign of a king, is an eminent lawyer who is appointed by the Queen to be one of Her Majestys Counsel learned in the law. The term is recognised as an honorific. Queens Counsel is a status, conferred by the Crown, that is recognised by courts, members have the privilege of sitting within the Bar of court. As members wear silk gowns of a design, the award of Queens Counsel is known informally as taking silk. Appointments are made from within the profession on the basis of merit rather than a particular level of experience. However, successful applicants tend to be barristers, or advocates with 15 years of experience or more, the Attorney-General, Solicitor-General, and Kings Serjeants were Kings Counsel in Ordinary in the Kingdom of England. The first Queens Counsel Extraordinary was Sir Francis Bacon, who was given a patent giving him precedence at the Bar in 1597, the new rank of Kings Counsel contributed to the gradual obsolescence of the formerly more senior serjeant-at-law by superseding it. The Attorney-General and Solicitor-General had similarly succeeded the Kings Serjeants as leaders of the Bar in Tudor times, but the Kings Counsel emerged into eminence only in the early 1830s, prior to when they were relatively few in number. It became the means to recognise a barrister as a senior member of the profession. It became of greater importance to become a KC. The KCs inherited the prestige of the serjeants and their priority before the courts, the earliest English law list, published in 1775, lists 165 members of the Bar, of whom 14 were Kings Counsel, a proportion of about 8. 5%. As of 2010 roughly the same proportion existed, though the number of barristers had increased to about 12,250 in independent practice, in 1839 the number of Queens Counsel was seventy. In 1882, the number of Queens Counsel was 187, the list of Queens Counsel in the Law List of 1897 gave the names of 238, of whom hardly one-third appeared to be in actual practice. In 1959, the number of practising Queens Counsel was 181, in each of the five years up to 1970, the number of practising Queens Counsel was 208,209,221,236 and 262, respectively. In each of the years 1973 to 1978, the number of practising Queens Counsel was 329,345,370,372,384 and 404, in 1989, the number of practising Queens Counsel was 601. In each of the years 1991 to 2000, the number of practising Queens Counsel was 736,760,797,845,891,925,974,1006,1043, the title traditionally depends on the sex of the sovereign. The current Queen, Elizabeth II has had a long reign and it can be assumed that, should the Queen die and the title pass to a descendant, the title will again become KC, as the next three in line to the throne are male heirs. Queens Counsel and serjeants were prohibited, at least from the century, from drafting pleadings alone
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Judiciary
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The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes, in some nations, under doctrines of separation of powers, the judiciary generally does not make law or enforce law, but rather interprets law and applies it to the facts of each case. In other nations, the judiciary can make law, known as Common Law, by setting precedent for other judges to follow, the Judiciary is often tasked with ensuring equal justice under law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review, Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law. Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive, the latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics and it is important to distinguish between the two methods of corruption of the judiciary, the state, and the private. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law, in common law jurisdictions, courts interpret law, this includes constitutions, statutes, and regulations. They also make law based upon prior case law in areas where the legislature has not made law, for instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law, in civil law jurisdictions, courts interpret the law, but are prohibited from creating law, and thus do not issue rulings more general than the actual case to be judged. Jurisprudence plays a role to case law. State courts, which try 98% of litigation, may have different names and organization, trial courts may be called courts of common plea, appellate courts superior courts or commonwealth courts. The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort. In France, the authority on the interpretation of the law is the Council of State for administrative cases. In the Peoples Republic of China, the authority on the interpretation of the law is the National Peoples Congress. Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court, in this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices and this number has been changed several times. Japans process for selecting judges is longer and more stringent than the process in the United States, assistant judges are appointed from those who have completed their training at the Legal Training and Research Institute located in Wako. Once appointed, assistant judges still may not qualify to sit alone until they have served for five years, Judges require ten years of experience in practical affairs, as a public prosecutor or practicing attorney
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Wikisource
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Wikisource is an online digital library of free content textual sources on a wiki, operated by the Wikimedia Foundation. Wikisource is the name of the project as a whole and the name for each instance of that project, the projects aims are to host all forms of free text, in many languages, and translations. Originally conceived as an archive to store useful or important historical texts, the project officially began in November 24,2003 under the name Project Sourceberg. The name Wikisource was adopted later that year and it received its own domain name seven months later, the project has come under criticism for lack of reliability but it is also cited by organisations such as the National Archives and Records Administration. The project holds works that are either in the domain or freely licensed, professionally published works or historical source documents, not vanity products. Verification was initially made offline, or by trusting the reliability of digital libraries. Now works are supported by online scans via the ProofreadPage extension, some individual Wikisources, each representing a specific language, now only allow works backed up with scans. While the bulk of its collection are texts, Wikisource as a whole hosts other media, some Wikisources allow user-generated annotations, subject to the specific policies of the Wikisource in question. Wikisources early history included several changes of name and location, the original concept for Wikisource was as storage for useful or important historical texts. These texts were intended to support Wikipedia articles, by providing evidence and original source texts. The collection was focused on important historical and cultural material. The project was originally called Project Sourceberg during its planning stages, in 2001, there was a dispute on Wikipedia regarding the addition of primary source material, leading to edit wars over their inclusion or deletion. Project Sourceberg was suggested as a solution to this, perhaps Project Sourceberg can mainly work as an interface for easily linking from Wikipedia to a Project Gutenberg file, and as an interface for people to easily submit new work to PG. Wed want to complement Project Gutenberg--how, exactly, and Jimmy Wales adding like Larry, Im interested that we think it over to see what we can add to Project Gutenberg. It seems unlikely that primary sources should in general be editable by anyone -- I mean, Shakespeare is Shakespeare, unlike our commentary on his work, the project began its activity at ps. wikipedia. org. The contributors understood the PS subdomain to mean either primary sources or Project Sourceberg, however, this resulted in Project Sourceberg occupying the subdomain of the Pashto Wikipedia. A vote on the name changed it to Wikisource on December 6,2003. Despite the change in name, the project did not move to its permanent URL until July 23,2004, since Wikisource was initially called Project Sourceberg, its first logo was a picture of an iceberg
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Admission to practice law
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An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates. Becoming a lawyer is a widely varied process around the world, Common to all jurisdictions are requirements of age and competence, some jurisdictions also require documentation of citizenship or immigration status. However, the most varied requirements are those surrounding the preparation for the license, whether it includes obtaining a law degree, passing an exam, in English, admission is also called a law license. Basic requirements vary from country to country, as described below, in some jurisdictions, after admission the lawyer needs to maintain a current practising certificate to be permitted to offer services to the public. Legal practice in Kenya is governed by the Advocates Act, Chapter 16 of the Laws of Kenya, only lawyers admitted to the Bar, known as Advocates of the High Court of Kenya, have the right of audience before Kenyan courts. The call is made in court by taking an oath before the Chief Justice who pronounces the admission. Usually, several lawyers are admitted to the Bar at the same session, to maintain eligibility to practice before courts, one must pay an annual fee for a practising certificate to the Law Society of Kenya, although the certificate is issued by the Court Registrar. Non-payment renders one ineligible to appear before courts, to appear before the Supreme Court, one must be an advocate of seven years standing. Admission to practice is a matter for each State, New Zealand practitioners may apply for admission pursuant to Trans-Tasman Mutual Recognition Act 1997. New South Wales A person is admitted as a legal practitioner after completing the required academic and these matters are dealt with in the Legal Profession Act 2004. The applicant applies to the Legal Profession Admission Board who assesses applications, after admission, a person is then entitled to apply for a practising certificate from the Law Society of New South Wales, or the NSW Bar Association. The practising certificate requires the payment of fees, insurance and a contribution to the fidelity fund, furthermore, the Legal Profession Rules 2008 replace articles of clerkship with supervised workplace training and make changes to the process of admission to practice. In the Peoples Republic of China, one must first obtain a degree, pass the National Judicial Examination. Hong Kong makes a distinction between barristers and solicitors, Admission to either profession requires a law degree and a Postgraduate Certificate in Laws. The apprenticeship to become a barrister is only one year, while a solicitor must apprentice for two years, foreign lawyers may be admitted as solicitors by passing the Overseas Qualified Lawyers Examination and satisfying a three months residence requirement. Foreign lawyers may also be admitted as barristers by passing the Barristers Qualification Examination, in India, prospective lawyers must complete an undergraduate law degree after 12 years of schooling and obtain an Honours Law Degree, where the course is a five years course. The first undergraduate foundational and generic degree, is awarded three years of study, and the professional Law Degree called the LL. B
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International Standard Book Number
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The International Standard Book Number is a unique numeric commercial book identifier. An ISBN is assigned to each edition and variation of a book, for example, an e-book, a paperback and a hardcover edition of the same book would each have a different ISBN. The ISBN is 13 digits long if assigned on or after 1 January 2007, the method of assigning an ISBN is nation-based and varies from country to country, often depending on how large the publishing industry is within a country. The initial ISBN configuration of recognition was generated in 1967 based upon the 9-digit Standard Book Numbering created in 1966, the 10-digit ISBN format was developed by the International Organization for Standardization and was published in 1970 as international standard ISO2108. Occasionally, a book may appear without a printed ISBN if it is printed privately or the author does not follow the usual ISBN procedure, however, this can be rectified later. Another identifier, the International Standard Serial Number, identifies periodical publications such as magazines, the ISBN configuration of recognition was generated in 1967 in the United Kingdom by David Whitaker and in 1968 in the US by Emery Koltay. The 10-digit ISBN format was developed by the International Organization for Standardization and was published in 1970 as international standard ISO2108, the United Kingdom continued to use the 9-digit SBN code until 1974. The ISO on-line facility only refers back to 1978, an SBN may be converted to an ISBN by prefixing the digit 0. For example, the edition of Mr. J. G. Reeder Returns, published by Hodder in 1965, has SBN340013818 -340 indicating the publisher,01381 their serial number. This can be converted to ISBN 0-340-01381-8, the check digit does not need to be re-calculated, since 1 January 2007, ISBNs have contained 13 digits, a format that is compatible with Bookland European Article Number EAN-13s. An ISBN is assigned to each edition and variation of a book, for example, an ebook, a paperback, and a hardcover edition of the same book would each have a different ISBN. The ISBN is 13 digits long if assigned on or after 1 January 2007, a 13-digit ISBN can be separated into its parts, and when this is done it is customary to separate the parts with hyphens or spaces. Separating the parts of a 10-digit ISBN is also done with either hyphens or spaces, figuring out how to correctly separate a given ISBN number is complicated, because most of the parts do not use a fixed number of digits. ISBN issuance is country-specific, in that ISBNs are issued by the ISBN registration agency that is responsible for country or territory regardless of the publication language. Some ISBN registration agencies are based in national libraries or within ministries of culture, in other cases, the ISBN registration service is provided by organisations such as bibliographic data providers that are not government funded. In Canada, ISBNs are issued at no cost with the purpose of encouraging Canadian culture. In the United Kingdom, United States, and some countries, where the service is provided by non-government-funded organisations. Australia, ISBNs are issued by the library services agency Thorpe-Bowker
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Administrative law
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Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a regulatory agenda. Administrative law is considered a branch of public law, civil law countries often have specialized courts, administrative courts, that review these decisions. In Brazil, unlike most Civil-law jurisdictions, there is no specialized court or section to deal with administrative cases, in 1998, a constitutional reform, led by the government of the President Fernando Henrique Cardoso, introduced regulatory agencies as a part of the executive branch. The President of the Republic exercises the function, in collaboration with several Ministries or other authorities with ministerial rank. Each Ministry has one or more under-secretary that performs through public services the actual satisfaction of public needs, there is not a single specialized court to deal with actions against the Administrative entities, but instead there are several specialized courts and procedures of review. Administrative law in the Peoples Republic of China was virtually non-existent before the reform era initiated by Deng Xiaoping. In 1990, the Administrative Supervision Regulations and the Administrative Reconsideration Regulations were passed, the three regulations have been amended and upgraded into laws. In 1994, the State Compensation Law was passed, followed by the Administrative Penalties Law in 1996, Administrative Compulsory Law was enforced in 2012. Adiministrative Litigation Law was amended in 2014. The General Administrative Procedure Law is under way, the main administrative courts are the tribunaux administratifs and appeal courts are the cours administratives dappel. Special administrative courts include the National Court of Asylum Right as well as military, the French body of administrative law is called droit administratif. It is a part of the law, which deals with the organization, the tasks. Administrative law in Germany follows three basic principles, principle of the legality of the authority, which means that there is no acting against the law and no acting without a law. The general administration law is ruled in the Administrative Procedures Law. Other legal sources are the Rules of the Administrative Courts, the security code. The Verwaltungsverfahrensgesetz, which was enacted in 1977, regulates the main administrative procedures of the federal government and it serves the purpose to ensure a treatment in accordance with the rule of law by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection against the authorities, the VwVfG basically applies for the entire public administrative activities of federal agencies as well as federal state authorities, in case of making federal law. One of the clause is §35 VwVfG
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Constitutional law
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Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land and these may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax, other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, including the United States, constitutional law is based on the text of a document ratified at the time the nation came into being, Constitutional laws may often be considered second order rule making or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority, one of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. Human rights or civil liberties form a part of a countrys constitution. Most jurisdictions, like the United States and France, have a codified constitution, a recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter and these are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. Some countries like the United Kingdom have no entrenched document setting out fundamental rights, in those jurisdictions the constitution is composed of statute, case law, a case named Entick v. Carrington is a constitutional principle deriving from the common law. John Enticks house was searched and ransacked by Sherriff Carrington, Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that, The great end and that right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, if no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment. The commonwealth and the civil law jurisdictions do not share the same constitutional law underpinnings, another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution, in bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election, Constitutional law is a major focus of legal studies and research. The doctrine of the rule of law dictates that government must be conducted according to law and this was first established by British legal theorist A. V. Dicey. Dicey’s rule of law formula consists of three classic tenets, the first is that the regular law is supreme over arbitrary and discretionary powers
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Contract
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A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition, Contract law concerns the rights and duties that arise from agreements. A contract arises when the parties agree that there is an agreement, formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement, minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing, at common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration. Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound, a so-called gentlemens agreement is one which is not intended to be legally enforceable, and which is binding in honour only. In order for a contract to be formed, the parties must reach mutual assent and this is typically reached through offer and an acceptance which does not vary the offers terms, which is known as the mirror image rule. An offer is a statement of the offerors willingness to be bound should certain conditions be met. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore, the Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person and it is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid. Contracts may be bilateral or unilateral, a bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for the sale of a home, less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror, in a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally. The payment could be conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the High Court of Australia stated that the term unilateral contract is unscientific and misleading. In certain circumstances, a contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly, quantum meruit claims are an example. Carbolic, a firm, advertised a smoke ball marketed as a wonder drug that would, according to the instructions
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Criminal law
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Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety and it includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, the first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians, another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the criminal laws of Ancient Greece have survived, e. g. those of Solon. In Roman law, Gaiuss Commentaries on the Twelve Tables also conflated the civil and criminal aspects, assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of compensation or damages. The criminal law of imperial Rome is collected in Books 47–48 of the Digest, the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The development of the state dispensing justice in a court clearly emerged in the century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Length of incarceration may vary from a day to life, government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a convicted of a crime. Five objectives are widely accepted for enforcement of the law by punishments, retribution, deterrence. Jurisdictions differ on the value to be placed on each, retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal, Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to balance the scales. People submit to the law to receive the right not to be murdered and if people contravene these laws, thus, one who murders may be executed himself
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Deed
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For the British cargo ship, see SS Deed. For the reality series, see The Deed. A deed is any instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered. It is commonly associated with transferring title to property, the deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral, deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the descendant of the medieval charter. The traditional phrase signed, sealed and delivered refers to the practice of seals, however, agreements under seal are also called contracts by deed or specialty, in the United States, a specialty is enforceable without consideration. Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants, which, being also under seal, are unilateral promises. At common law, to be valid and enforceable, a deed must fulfill several requirements, It must state on its face that it is a deed and it must indicate that the instrument itself conveys some privilege or thing to someone. The grantor must have the ability to grant the thing or privilege. It must be executed by the grantor in presence of the number of witnesses. In some jurisdictions, a seal must be affixed to it, originally, affixing seals made persons parties to the deed and signatures optional, but seals are now outdated in most jurisdictions, so the signatures of the grantor and witnesses are primary. It must be delivered to and accepted by the grantee, conditions attached to the acceptance of a deed are known as covenants. A deed indented or indenture is one executed in two or more according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph. A deed poll is one executed in one part, by one party, having the edge polled or cut even, in the transfer of real estate, a deed conveys ownership from the old owner to the new owner, and can include various warranties. The precise name and nature of these differ by jurisdiction. Often, however, the differences between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, the latter type of deed is usually known as a special warranty deed
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Equity (law)
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For much of its history, the English common law was principally developed and administered in the central royal courts, the Court of Kings Bench, the Court of Common Pleas, and the Exchequer. Equity was the given to the law which was administered in the Court of Chancery. The Judicature Reforms in the 1870s effected a procedural fusion of the two bodies of law, ending their institutional separation, the reforms did not effect any substantive fusion, however. Judicial or academic reasoning which assumes the contrary has been described as a fusion fallacy, jurisdictions which have inherited the common law system differ in their current treatment of equity. Over the course of the 20th century some common law began to place less emphasis on the historical or institutional origin of substantive legal rules. In England, Australia, New Zealand and Canada, Equity remains a distinct body of law, the latter part of the 20th century saw increased debate over the utility of treating Equity as a separate body of law. These debates were labelled the fusion wars, after the Norman Conquest of England in the 11th century, royal justice came to be administered in three central courts, the Court of Kings Bench, the Court of Common Pleas, and the Exchequer. The common law developed in royal courts. To commence litigation in these courts, it was necessary to fit ones claim within a form of action. The plaintiff would purchase a writ in the Chancery, the head of which was the Lord Chancellor, where the law provided no remedy, litigants could sometimes appeal directly to the King. Eventually, the King would delegate resolution of these petitions to the Kings Council and these petitions were eventually delegated to the Lord Chancellor himself. Christianity did play a role in creating Common Law, however it does not have any control or power in the court of law, in the early history of the United States, common law was viewed as a birthright. Both the individual states and the government supported common law after the American Revolution. U. S. courts draw on decisions of English courts, individual state courts, Chancellors often had theological and clerical training and were well versed in Roman law and canon law. By the 15th century the power of Chancery was clearly recognised. Equity, as a body of rules, varied from Chancellor to Chancellor, after the end of the 17th century, only lawyers were appointed to the office of Chancellor. Over time, Equity developed a system of precedent much like its common-law cousin, one area in which the Court of Chancery assumed a vital role was the enforcement of uses, a role that the rigid framework of land law could not accommodate. This role gave rise to the distinction between legal and equitable interests
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Evidence (law)
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The law of evidence also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision, the trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum, quality, the rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed, the quality of proof is how reliable such evidence should be considered, important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are several types of evidence, depending on the form or source, Evidence governs the use of testimony, exhibits, documentary material, or demonstrative evidence, which are admissible in a judicial or administrative proceeding. The law must ensure certain guidelines are set out in order to ensure that evidence presented to the court can be regarded as trustworthy. The rules of evidence were developed several centuries and are based upon the rules from Anglo-American common law brought to the New World by early settlers. Their purpose is to be fair to both parties, disallowing the raising of allegations without a basis in provable fact and they are sometimes criticized as a legal technicality, but are an important part of the system for achieving a just result. Perhaps the most important of the rules of evidence is that, in general, there are several examples where presiding authorities are not bound by the rules of evidence. These include the military tribunals in the United States and tribunals used in Australia to try health professionals, in every jurisdiction based on the English common law tradition, evidence must conform to a number of rules and restrictions to be admissible. Evidence must be relevant – that is, it must be directed at proving or disproving a legal element, however, the relevance of evidence is ordinarily a necessary condition but not a sufficient condition for the admissibility of evidence. For example, relevant evidence may be excluded if it is unfairly prejudicial, confusing, there is also general agreement that assessment of relevance or irrelevance involves or requires judgements about probabilities or uncertainties. Beyond that, there is little agreement, many legal scholars and judges agree that ordinary reasoning, or common sense reasoning, plays an important role. There is less agreement about whether or not judgements of relevance or irrelevance are defensible only if the reasoning that supports such judgements is made fully explicit. However, most trial judges would reject any such requirement and would say that some judgements can and must rest partly on unarticulated and unarticulable hunches, california Evidence Code section 352 also allows for exclusion to avoid substantial danger of undue prejudice. The United States has a complicated system of evidentiary rules, for example. In Professor Friedmans words, A trained judge would not need all these rules, and indeed, the law of evidence in systems that lack a jury is short, sweet, however, Friedmans views are characteristic of an earlier generation of legal scholars. Under English law, evidence that would otherwise be admissible at trial may be excluded at the discretion of the judge if it would be unfair to the defendant to admit it
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International law
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Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, the field of study combines two main branches, the law of nations and international agreements and conventions. The Italian jurist Sir Alberico Gentili was the first to write on public international law and it is usually distinguished from private international law, which concerns the resolution of conflict of laws. The concept of nationalism became increasingly important as people began to see themselves as citizens of a nation with a distinct national identity. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and it does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy, and, in general, because international law is a relatively new area of law its development and propriety in applicable areas are often subject to dispute. Under article 38 of the Statute of the International Court of Justice, in addition, judicial decisions and teachings may be applied as subsidiary means for the determination of rules of law. International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties, customary international law is derived from the consistent practice of States accompanied by opinio juris, i. e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission, codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms as to all states with no permissible derogations. Colombia v Perú ICJ6, recognising custom as a source of international law, belgium v Spain ICJ1, only the state where a corporation is incorporated has standing to bring an action for damages for economic loss. Where there are disputes about the meaning and application of national laws. The subjective approach, which takes into consideration i. the idea behind the treaty, ii. treaties in their context, what the writers intended when they wrote the text. A third approach, which bases itself on interpretation in the light of its object and purpose, i. e. the interpretation that best suits the goal of the treaty and these are general rules of interpretation, specific rules might exist in specific areas of international law. Greece v United Kingdom ICJ1, ICJ had no jurisdiction to hear a dispute between the UK government and a private Greek businessman under the terms of a treaty
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Property law
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Property law is the area of law that governs the various forms of ownership and tenancy in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property, movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights, and obligations thereon. The concept, idea or philosophy of property underlies all property law, in some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. The word property, in usage, refers to an object owned by a person — a car, a book, or a cellphone —. In law, the concept acquires a more nuanced rendering, most broadly and concisely, property in the legal sense refers to the rights of people in or over certain objects or things. James Wilson, U. S. Supreme Court Justice and professor of law at the University of Pennsylvania, in 1790 and 1791, undertook a survey of the philosophical grounds of American property law. He proceeds from two premises, “Every crime includes an injury, every injury includes a violation of a right. ”The government’s role in protecting property depends upon an idea of right, Wilson traces the history of property in his essay On the History of Property. In his lecture, Of the natural rights of individuals, he articulates related contemporary theory. While he doubts this is so, he states, “In his unrelated state, man has a natural right to his property, to his character, to liberty. Or was it, by an establishment, to acquire a new security for the possession or the recovery of those rights…. ”He indicates a preference for the latter. In the opening sentence of On the History of Property, he quite clearly, “Property is the right or lawful power, which a person has to a thing. ”He then divides the right into three degrees, possession, the lowest, possession and use, and, possession, use. Further, he states, “Man is intended for action, useful and skilful industry is the soul of an active life. But industry should have her just reward and that reward is property, for of useful and active industry, property is the natural result. ”From this simple reasoning he is able to present the conclusion that exclusive, as opposed to communal property, is to be preferred. Wilson does, however, give a survey of communal property arrangements in history, not only in colonial Virginia, non-legally recognized or documented property rights are known as informal property rights. These informal property rights are non-codified or documented, but recognized among local residents to varying degrees, different parties may claim a competing interest in the same property by mistake or by fraud. For example, the party creating or transferring an interest may have a valid title, a court resolves the dispute by adjudicating the priorities of the interests. To transfer property is to such an act. Property rights are rights over things enforceable against all other persons, by contrast, contractual rights are rights enforceable against particular persons
